Energy Industry Eagerly Awaits Duke Energy Verdict

Law360 (February 22, 2007, 12:00 AM EST) -- Under the Clean Air Act, the Environmental Protection Agency has been the decision-maker when it comes to regulating air pollution emissions. But if Duke Energy Corp. has its way, the U.S. Supreme Court will be setting ground rules, including the most important question: how to measure increases in emissions.

The High Court is currently mulling Environmental Defense v. Duke Energy Corp., a case argued before the Justices in November that pits coal-fired power plants and other sources of air pollution against environmental groups and government regulators....

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